Procedures for the Administration of Section 5 of the Voting Rights Act

82
28 CFR Ch. I (7–1–11 Edition)	Pt. 51
except to the extent that United States
Attorneys utilize the list pursuant to
section 11015(b) of Public Law 107–273.
(2) By submitting a Declaration to
the Department of Justice, the indi-
vidual annuity broker agrees that the
Declaration and the list each may be
made public in its entirety, and the an-
nuity broker expressly consents to
such release and disclosure of the Dec-
laration and list.
[Order No. 2667–2003, 68 FR 18120, Apr. 15,
2003]
PART 	51—PROCEDURES 	FOR 	THE
ADMINISTRATION OF SECTION 5
OF THE VOTING RIGHTS ACT OF
1965, AS AMENDED
Subpart A—General Provisions
Sec.
51.1 Purpose.
51.2 Definitions.
51.3 Delegation of authority.
51.4 Date used to determine coverage; list of
covered jurisdictions.
51.5 Termination of coverage.
51.6 Political subunits.
51.7 Political parties.
51.8 Section 3 coverage.
51.9 Computation of time.
51.10 Requirement of action for declaratory
judgment or submission to the Attorney
General.
51.11 Right to bring suit.
51.12 Scope of requirement.
51.13 Examples of changes.
51.14 Recurrent practices.
51.15 Enabling legislation and contingent or
nonuniform requirements.
51.16 Distinction between changes in proce-
dure and changes in substance.
51.17 Special elections.
51.18 Federal court-ordered changes.
51.19 Request for notification concerning
voting litigation.
Subpart B—Procedures for Submission to
the Attorney General
51.20 Form of submissions.
51.21 Time of submissions.
51.22 Submitted changes that will not be re-
viewed.
51.23 Party and jurisdiction responsible for
making submissions.
51.24 Delivery of submissions.
51.25 Withdrawal of submissions.
Subpart C—Contents of Submissions
51.26 General.
51.27 Required contents.
51.28 Supplemental contents.
Subpart D—Communications From
Individuals and Groups
51.29 Communications 	concerning 	voting
changes.
51.30 Action on communications from indi-
viduals or groups.
51.31 	Communications concerning voting
suits.
51.32 Establishment and maintenance of
registry of interested individuals and
groups.
Subpart E—Processing of Submissions
51.33 Notice to registrants concerning sub-
missions.
51.34 Expedited consideration.
51.35 Disposition of inappropriate submis-
sions and resubmissions.
51.36 Release of information concerning
submissions.
51.37 Obtaining information from the sub-
mitting authority.
51.38 Obtaining information from others.
51.39 Supplemental information and related
submissions.
51.40 Failure to complete submissions.
51.41 Notification of decision not to object.
51.42 Failure of the Attorney General to re-
spond.
51.43 Reexamination of decision not to ob-
ject.
51.44 Notification of decision to object.
51.45 Request for reconsideration.
51.46 Reconsideration of objection at the in-
stance of the Attorney General.
51.47 Conference.
51.48 Decision after reconsideration.
51.49 Absence of judicial review.
51.50 Records concerning submissions.
Subpart F—Determinations by the Attorney
General
51.51 Purpose of the subpart.
51.52 Basic standard.
51.53 Information considered.
51.54 Discriminatory purpose and effect.
51.55 Consistency with constitutional and
statutory requirements.
51.56 Guidance from the courts.
51.57 Relevant factors.
51.58 Representation.
51.59 Redistricting plans.
51.60 Changes in electoral systems.
51.61 Annexations.
Subpart G—Sanctions
51.62 Enforcement by the Attorney General.
51.63 Enforcement by private parties.
51.64 Bar to termination of coverage (bail-
out).
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83
Department of Justice 	§ 51.2
Subpart H—Petition To Change Procedures
51.65 Who may petition.
51.66 Form of petition.
51.67 Disposition of petition.
A PPENDIX TO P ART 51—J URISDICTIONS C OV-
ERED U NDER S ECTION 4(b) OF THE V OTING
R IGHTS A CT, AS A MENDED
A UTHORITY : 5 U.S.C. 301; 28 U.S.C. 509, 510,
and 42 U.S.C. 1973b, 1973c.
S OURCE: 52 FR 490, Jan. 6, 1987, unless oth-
erwise noted.
Subpart A—General Provisions
§ 51.1 Purpose.
(a) Section 5 of the Voting Rights
Act of 1965, as amended, 42 U.S.C. 1973c,
prohibits the enforcement in any juris-
diction covered by section 4(b) of the
Act, 42 U.S.C. 1973b(b), of any voting
qualification or prerequisite to voting,
or standard, practice, or procedure
with respect to voting different from
that in force or effect on the date used
to determine coverage, until either:
(1) A declaratory judgment is ob-
tained from the U.S. District Court for
the District of Columbia that such
qualification, 	prerequisite, 	standard,
practice, or procedure neither has the
purpose nor will have the effect of de-
nying or abridging the right to vote on
account of race, color, or membership
in a language minority group, or
(2) It has been submitted to the At-
torney General and the Attorney Gen-
eral has interposed no objection within
a 60-day period following submission.
(b) In order to make clear the respon-
sibilities 	of 	the 	Attorney 	General
under section 5 and the interpretation
of the Attorney General of the respon-
sibility imposed on others under this
section, the procedures in this part
have been established to govern the ad-
ministration of section 5.
[52 FR 490, Jan. 6, 1987, as amended by Order
3262–2011, 76 FR 21243, Apr. 15, 2011]
§ 51.2 Definitions.
As used in this part—
Act means the Voting Rights Act of
1965, 79 Stat. 437, as amended by the
Civil Rights Act of 1968, 82 Stat. 73, the
Voting Rights Act Amendments of 1970,
84 Stat. 314, the District of Columbia
Delegate Act, 84 Stat. 853, the Voting
Rights Act Amendments of 1975, 89
Stat. 	400, 	the 	Voting 	Rights 	Act
Amendments of 1982, 96 Stat. 131, the
Voting 	Rights 	Language 	Assistance
Act of 1992, 106 Stat. 921, the Fannie
Lou Hamer, Rosa Parks, and Coretta
Scott King Voting Rights Act Reau-
thorization and Amendments Act of
2006, 120 Stat. 577, and the Act to Re-
vise the Short Title of the Fannie Lou
Hamer, Rosa Parks, and Coretta Scott
King Voting Rights Act Reauthoriza-
tion and Amendments Act of 2006, 122
Stat. 2428, 42 U.S.C. 1973 et seq. Section
numbers, such as ‘‘section 14(c)(3),’’
refer to sections of the Act.
Attorney General means the Attorney
General of the United States or the del-
egate of the Attorney General.
Change 	affecting 	voting 	or 	change
means any voting qualification, pre-
requisite to voting, or standard, prac-
tice, or procedure with respect to vot-
ing different from that in force or ef-
fect on the date used to determine cov-
erage under section 4(b) or from the ex-
isting standard, practice, or procedure
if it was subsequently altered and
precleared under section 5. In assessing
whether a change has a discriminatory
purpose or effect, the comparison shall
be with the standard, practice, or pro-
cedure in effect on the date used to de-
termine coverage under section 4(b) or
the most recent precleared standard,
practice, or procedure. Some examples
of changes affecting voting are given in
§ 51.13.
Covered jurisdiction is used to refer to
a State, where the determination re-
ferred to in § 51.4 has been made on a
statewide basis, and to a political sub-
division, where the determination has
not been made on a statewide basis.
Language minorities or language minor-
ity group is used, as defined in the Act,
to refer to persons who are American
Indian, Asian American, Alaskan Na-
tives, or of Spanish heritage. (Sections
14(c)(3) and 203(e)). See 28 CFR part 55,
Interpretative Guidelines: Implementa-
tion of the Provisions of the Voting
Rights Act Regarding Language Minor-
ity Groups.
Political subdivision is used, as defined
in the Act, to refer to ‘‘any county or
parish, except that where registration
for voting is not conducted under the
supervision of a county or parish, the
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84
28 CFR Ch. I (7–1–11 Edition)	§ 51.3
term shall include any other subdivi-
sion of a State which conducts reg-
istration for voting.’’ (Section 14(c)(2)).
Preclearance is used to refer to the
obtaining of the declaratory judgment
described in section 5, to the failure of
the Attorney General to interpose an
objection pursuant to section 5, or to
the withdrawal of an objection by the
Attorney General pursuant to § 51.48(b).
Submission is used to refer to the
written presentation to the Attorney
General by an appropriate official of
any change affecting voting.
Submitting authority means the juris-
diction on whose behalf a submission is
made.
Vote and voting are used, as defined in
the Act, to include ‘‘all action nec-
essary to make a vote effective in any
primary, special, or general election,
including, but not limited to, registra-
tion, listing pursuant to this Act, or
other 	action 	required 	by 	law 	pre-
requisite to voting, casting a ballot,
and having such ballot counted prop-
erly and included in the appropriate to-
tals of votes cast with respect to can-
didates for public or party office and
propositions for which votes are re-
ceived 	in 	an 	election.’’ 	(Section
14(c)(1)).
[52 FR 490, Jan. 6, 1987, as amended by Order
3262–2011, 76 FR 21243, Apr. 15, 2011]
§ 51.3 Delegation of authority.
The responsibility and authority for
determinations under section 5 and sec-
tion 3(c) have been delegated by the At-
torney General to the Assistant Attor-
ney General, Civil Rights Division.
With the exception of objections and
decisions following the reconsideration
of objections, the Chief of the Voting
Section is authorized to perform the
functions of the Assistant Attorney
General. With the concurrence of the
Assistant Attorney General, the Chief
of the Voting Section may designate
supervisory attorneys in the Voting
Section to perform the functions of the
Chief.
[Order 3262–2011, 76 FR 21243, Apr. 15, 2011]
§ 51.4 Date used to determine cov-
erage; list of covered jurisdictions.
(a) The requirement of section 5
takes effect upon publication in the
FEDERAL REGISTER of the requisite de-
terminations of the Director of the
Census and the Attorney General under
section 4(b). These determinations are
not reviewable in any court. (Section
4(b)).
(b) 	Section 	5 	requires 	the
preclearance of changes affecting vot-
ing made since the date used for the de-
termination of coverage. For each cov-
ered jurisdiction that date is one of the
following: November 1, 1964; November
1, 1968; or November 1, 1972.
(c) The appendix to this part contains
a list of covered jurisdictions, together
with the applicable date used to deter-
mine coverage and the FEDERAL REG-
ISTER citation for the determination of
coverage.
§ 51.5 Termination of coverage.
(a) Expiration. The requirements of
section 5 will expire at the end of the
twenty-five-year period following the
effective date of the amendments made
by the Fannie Lou Hamer, Rosa Parks,
Coretta Scott King, Ce´ sar E. Cha´ vez,
Barbara 	C. 	Jordan, 	William 	C.
Vela´ squez, and Dr. Hector P. Garcia
Voting Rights Act Reauthorization and
Amendments Act of 2006 (VRARA),
which amendments became effective on
July 27, 2006. See section 4(a)(8) of the
VRARA.
(b) Bailout. Any political subunit in a
covered jurisdiction or a political sub-
division of a covered State, a covered
jurisdiction or a political subdivision
of a covered State, or a covered State
may terminate the application of sec-
tion 5 (‘‘bailout’’) by obtaining the de-
claratory judgment described in sec-
tion 4(a) of the Act.
[Order 3262–2011, 76 FR 21243, Apr. 15, 2011]
§ 51.6 Political subunits.
All political subunits within a cov-
ered jurisdiction (e.g., counties, cities,
school districts) that have not termi-
nated coverage by obtaining the declar-
atory judgment described in section
4(a) of the Act are subject to the re-
quirements of section 5.
[Order 3262–2011, 76 FR 21243, Apr. 15, 2011]
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85
Department of Justice 	§ 51.10
§ 51.7 Political parties.
Certain activities of political parties
are subject to the preclearance require-
ment of section 5. A change affecting
voting effected by a political party is
subject to the preclearance require-
ment:
(a) If the change relates to a public
electoral function of the party and
(b) If the party is acting under au-
thority explicitly or implicitly granted
by a covered jurisdiction or political
subunit subject to the preclearance re-
quirement of section 5.
For example, changes with respect to
the recruitment of party members, the
conduct of political campaigns, and the
drafting of party platforms are not sub-
ject to the preclearance requirement.
Changes with respect to the conduct of
primary elections at which party nomi-
nees, delegates to party conventions,
or party officials are chosen are subject
to the preclearance requirement of sec-
tion 5. Where appropriate the term
‘‘jurisdiction’’ (but not ‘‘covered juris-
diction’’) includes political parties.
§ 51.8 Section 3 coverage.
Under section 3(c) of the Act, a court
in voting rights litigation can order as
relief that a jurisdiction not subject to
the preclearance requirement of sec-
tion 5 preclear its voting changes by
submitting them either to the court or
to the Attorney General. Where a juris-
diction is required under section 3(c) to
preclear its voting changes, and it
elects to submit the proposed changes
to 	the 	Attorney 	General 	for
preclearance, the procedures in this
part will apply.
§ 51.9 Computation of time.
(a) The Attorney General shall have
60 days in which to interpose an objec-
tion to a submitted change affecting
voting for which a response on the mer-
its is appropriate (see § 51.35, § 51.37).
(b) The 60-day period shall commence
upon receipt of a submission by the
Voting Section of the Department of
Justice’s Civil Rights Division or upon
receipt of a submission by the Office of
the Assistant Attorney General, Civil
Rights Division, if the submission is
properly 	marked 	as 	specified 	in
§ 51.24(f). The 60-day period shall recom-
mence upon the receipt in like manner
of a resubmission (see § 51.35), informa-
tion provided in response to a written
request for additional information (see
§ 51.37(b)), or material, supplemental
information or a related submission
(see § 51.39).
(c) The 60-day period shall mean 60
calendar days, with the day of receipt
of the submission not counted, and
with the 60th day ending at 11:59 p.m.
Eastern Time of that day. If the final
day of the period should fall on a Sat-
urday, Sunday, or any day designated
as a holiday by the President or Con-
gress of the United States, or any other
day that is not a day of regular busi-
ness for the Department of Justice, the
next full business day shall be counted
as the final day of the 60-day period.
The date of the Attorney General’s re-
sponse shall be the date on which it is
transmitted to the submitting author-
ity by any reasonable means, including
placing it in a postbox of the U.S. Post-
al Service or a private mail carrier,
sending it by telefacsimile, email, or
other electronic means, or delivering it
in person to a representative of the
submitting authority.
[Order 3262–2011, 76 FR 21243, Apr. 15, 2011]
§ 51.10 Requirement of action for de-
claratory judgment or submission
to the Attorney General.
Section 5 requires that, prior to en-
forcement of any change affecting vot-
ing, the jurisdiction that has enacted
or seeks to administer the change must
either:
(a) Obtain a judicial determination
from the U.S. District Court for the
District of Columbia that the voting
change neither has the purpose nor will
have the effect of denying or abridging
the right to vote on account of race,
color, or membership in a language mi-
nority group.
(b) Make to the Attorney General a
proper submission of the change to
which no objection is interposed.
It is unlawful to enforce a change af-
fecting 	voting 	without 	obtaining
preclearance under section 5. The obli-
gation to obtain such preclearance is
not relieved by unlawful enforcement.
[52 FR 490, Jan. 6, 1987; 52 FR 2648, Jan. 23,
1987, as amended by Order 3262–2011, 76 FR
21243, Apr. 15, 2011]
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86
28 CFR Ch. I (7–1–11 Edition)	§ 51.11
§ 51.11 Right to bring suit.
Submission to the Attorney General
does not affect the right of the submit-
ting authority to bring an action in the
U.S. District Court for the District of
Columbia for a declaratory judgment
that the change affecting voting nei-
ther has the purpose nor will have the
effect of denying or abridging the right
to vote on account of race, color, or
membership in a language minority
group.
[Order 3262–2011, 76 FR 21243, Apr. 15, 2011]
§ 51.12 Scope of requirement.
Except as provided in § 51.18 (Federal
court-ordered changes), the section 5
requirement applies to any change af-
fecting voting, even though it appears
to be minor or indirect, returns to a
prior practice or procedure, seemingly
expands voting rights, or is designed to
remove the elements that caused the
Attorney General to object to a prior
submitted change. The scope of section
5 coverage is based on whether the ge-
neric category of changes affecting
voting to which the change belongs (for
example, 	the 	generic 	categories 	of
changes listed in § 51.13) has the poten-
tial 	for 	discrimination. 	NAACP 	v.
Hampton County Election Commission,
470 U.S. 166 (1985). The method by
which a jurisdiction enacts or admin-
isters a change does not affect the re-
quirement to comply with section 5,
which applies to changes enacted or ad-
ministered through the executive, leg-
islative, or judicial branches.
[Order 3262–2011, 76 FR 21244, Apr. 15, 2011]
§ 51.13 Examples of changes.
Changes affecting voting include, but
are not limited to, the following exam-
ples:
(a) Any change in qualifications or
eligibility for voting.
(b) Any change concerning registra-
tion, balloting, and the counting of
votes and any change concerning pub-
licity for or assistance in registration
or voting.
(c) Any change with respect to the
use of a language other than English in
any aspect of the electoral process.
(d) Any change in the boundaries of
voting precincts or in the location of
polling places.
(e) Any change in the constituency of
an official or the boundaries of a voting
unit (e.g., through redistricting, annex-
ation, 	deannexation, 	incorporation,
dissolution, merger, reapportionment,
changing to at-large elections from dis-
trict elections, or changing to district
elections from at-large elections).
(f) Any change in the method of de-
termining the outcome of an election
(e.g., by requiring a majority vote for
election or the use of a designated post
or place system).
(g) Any change affecting the eligi-
bility of persons to become or remain
candidates, to obtain a position on the
ballot in primary or general elections,
or to become or remain holders of elec-
tive offices.
(h) Any change in the eligibility and
qualification 	procedures 	for 	inde-
pendent candidates.
(i) Any change in the term of an elec-
tive office or an elected official, or any
change in the offices that are elective
(e.g., by shortening or extending the
term of an office; changing from elec-
tion to appointment; transferring au-
thority from an elected to an appointed
official that, in law or in fact, elimi-
nates the elected official’s office; or
staggering the terms of offices).
(j) Any change affecting the neces-
sity of or methods for offering issues
and propositions for approval by ref-
erendum.
(k) Any change affecting the right or
ability of persons to participate in pre-
election activities, such as political
campaigns.
(l) Any change that transfers or al-
ters the authority of any official or
governmental 	entity 	regarding 	who
may enact or seek to implement a vot-
ing qualification, prerequisite to vot-
ing, or standard, practice, or procedure
with respect to voting.
[52 FR 490, Jan. 6, 1987, as amended by Order
3262–2011, 76 FR 21244, Apr. 15, 2011]
§ 51.14 Recurrent practices.
Where a jurisdiction implements a
practice or procedure periodically or
upon certain established contingencies,
a change occurs:
(a) The first time such a practice or
procedure is implemented by the juris-
diction,
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87
Department of Justice 	§ 51.18
(b) When the manner in which such a
practice or procedure is implemented
by the jurisdiction is changed, or
(c) When the rules for determining
when such a practice or procedure will
be implemented are changed.
The failure of the Attorney General to
object to a recurrent practice or proce-
dure constitutes preclearance of the fu-
ture use of the practice or procedure if
its recurrent nature is clearly stated or
described in the submission or is ex-
pressly recognized in the final response
of the Attorney General on the merits
of the submission.
§ 51.15 Enabling legislation and con-
tingent 	or 	nonuniform 	require-
ments.
(a) With respect to legislation (1)
that enables or permits the State or its
political subunits to institute a voting
change or (2) that requires or enables
the State or its political sub-units to
institute a voting change upon some
future event or if they satisfy certain
criteria, the failure of the Attorney
General to interpose an objection does
not exempt from the preclearance re-
quirement the implementation of the
particular voting change that is en-
abled, permitted, or required, unless
that implementation is explicitly in-
cluded and described in the submission
of such parent legislation.
(b) For example, such legislation in-
cludes—
(1) Legislation authorizing counties,
cities, school districts, or agencies or
officials of the State to institute any of
the changes described in § 51.13,
(2) Legislation requiring a political
subunit that chooses a certain form of
government to follow specified election
procedures,
(3) Legislation requiring or author-
izing political subunits of a certain size
or a certain location to institute speci-
fied changes,
(4) Legislation requiring a political
subunit to follow certain practices or
procedures unless the subunit’s charter
or ordinances specify to the contrary.
§ 51.16 Distinction between changes in
procedure 	and 	changes 	in 	sub-
stance.
The failure of the Attorney General
to interpose an objection to a proce-
dure for instituting a change affecting
voting does not exempt the substantive
change from the preclearance require-
ment. For example, if the procedure for
the 	approval 	of 	an 	annexation 	is
changed from city council approval to
approval 	in 	a 	referendum, 	the
preclearance of the new procedure does
not 	exempt 	an 	annexation 	accom-
plished under the new procedure from
the preclearance requirement.
§ 51.17 Special elections.
(a) The conduct of a special election
(e.g., an election to fill a vacancy; an
initiative, referendum, or recall elec-
tion; or a bond issue election) is sub-
ject to the preclearance requirement to
the extent that the jurisdiction makes
changes in the practices or procedures
to be followed.
(b) Any discretionary setting of the
date for a special election or sched-
uling of events leading up to or fol-
lowing a special election is subject to
the preclearance requirement.
(c) A jurisdiction conducting a ref-
erendum election to ratify a change in
a practice or procedure that affects
voting may submit the change to be
voted on at the same time that it sub-
mits any changes involved in the con-
duct of the referendum election. A ju-
risdiction 	wishing 	to 	receive
preclearance for the change to be rati-
fied should state clearly that such
preclearance is being requested. See
§ 51.22 of this part.
§ 51.18 Federal court-ordered changes.
(a) In general. Changes affecting vot-
ing for which approval by a Federal
court is required, or that are ordered
by a Federal court, are exempt from
section 5 review only where the Federal
court prepared the change and the
change 	has 	not 	been 	subsequently
adopted or modified by the relevant
governmental 	body. 	McDaniel 	v.
Sanchez, 452 U.S. 130 (1981). (See also
§ 51.22.)
(b) Subsequent changes. Where a Fed-
eral court-ordered change is not itself
subject to the preclearance require-
ment, subsequent changes necessitated
by the court order but decided upon by
the 	jurisdiction 	remain 	subject 	to
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88
28 CFR Ch. I (7–1–11 Edition)	§ 51.19
preclearance. For example, voting pre-
cinct and polling changes made nec-
essary by a court-ordered redistricting
plan are subject to section 5 review.
(c) Alteration in section 5 status. Where
a Federal court-ordered change at its
inception is not subject to review
under section 5, a subsequent action by
the 	submitting 	authority 	dem-
onstrating that the change reflects its
policy choices (e.g., adoption or ratifi-
cation of the change, or implementa-
tion in a manner not explicitly author-
ized by the court) will render the
change subject to review under section
5 with regard to any future implemen-
tation.
(d) In emergencies. A Federal court’s
authorization of the emergency in-
terim use without preclearance of a
voting change does not exempt from
section 5 review any use of that prac-
tice not explicitly authorized by the
court.
[Order 3262–2011, 76 FR 21244, Apr. 15, 2011]
§ 51.19 Request for notification con-
cerning voting litigation.
A 	jurisdiction 	subject 	to 	the
preclearance requirements of section 5
that becomes involved in any litigation
concerning voting is requested to no-
tify the Chief, Voting Section, Civil
Rights Division, at the addresses, tele-
facsimile number, or email address
specified in § 51.24. Such notification
will not be considered a submission
under section 5.
[Order 3262–2011, 76 FR 21244, Apr. 15, 2011]
Subpart 	B—Procedures 	for 	Sub-
mission to the Attorney Gen-
eral
§ 51.20 Form of submissions.
(a) Submissions may be made in let-
ter or any other written form.
(b) The Attorney General will accept
certain machine readable data in the
following electronic media: 3.5 inch 1.4
megabyte disk, compact disc read-only
memory (CD–ROM) formatted to the
ISO–9660/Joliet 	standard, 	or 	digital
versatile disc read-only memory (DVD–
ROM). Unless requested by the Attor-
ney General, data provided on elec-
tronic media need not be provided in
hard copy.
(c) All electronic media shall be
clearly labeled with the following in-
formation:
(1) Submitting authority.
(2) Name, address, title, and tele-
phone number of contact person.
(3) Date of submission cover letter.
(4) Statement identifying the voting
change(s) involved in the submission.
(d) Each magnetic medium (floppy
disk or tape) provided must be accom-
panied by a printed description of its
contents, including an identification
by name or location of each data file
contained on the medium, a detailed
record layout for each such file, a
record count for each such file, and a
full description of the magnetic me-
dium format.
(e) Text documents should be pro-
vided in a standard American Standard
Code 	for 	Information 	Interchange
(ASCII) 	character 	code; 	documents
with graphics and complex formatting
should be provided in standard Port-
able Document Format (PDF). The
label shall be affixed to each electronic
medium, and the information included
on the label shall also be contained in
a documentation file on the electronic
medium.
(f) All data files shall be provided in
a delimited text file and must include
a header row as the first row with a
name for each field in the data set. A
separate 	data 	dictionary 	file 	docu-
menting the fields in the data set, the
field separators or delimiters, and a de-
scription 	of 	each 	field, 	including
whether the field is text, date, or nu-
meric, enumerating all possible values
is required; separators and delimiters
should not also be used as data in the
data set. Proprietary or commercial
software system data files (e.g., SAS,
SPSS, dBase, Lotus 1–2–3) and data
files containing compressed data or bi-
nary data fields will not be accepted.
[52 FR 490, Jan. 6, 1987, as amended by Order
No. 1536–91, 56 FR 51836, Oct. 16, 1991; Order
3262–2011, 76 FR 21244, Apr. 15, 2011]
§ 51.21 Time of submissions.
Changes affecting voting should be
submitted as soon as possible after
they become final, except as provided
in § 51.22.
[Order 3262–2011, 76 FR 21244, Apr. 15, 2011]
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89
Department of Justice 	§ 51.24
§ 51.22 Submitted 	changes 	that 	will
not be reviewed.
(a) The Attorney General will not
consider on the merits:
(1) Any proposal for a change sub-
mitted prior to final enactment or ad-
ministrative decision except as pro-
vided in paragraph (b) of this section.
(2) Any submitted change directly re-
lated to another change that has not
received section 5 preclearance if the
Attorney General determines that the
two changes cannot be substantively
considered independently of one an-
other.
(3) Any submitted change whose en-
forcement has ceased and been super-
seded by a standard, practice, or proce-
dure 	that 	has 	received 	section 	5
preclearance or that is otherwise le-
gally enforceable under section 5.
(b) For any change requiring ap-
proval by referendum, by a State or
Federal court, or by a Federal agency,
the Attorney General may make a de-
termination 	concerning 	the 	change
prior to such approval if the change is
not subject to alteration in the final
approving action and if all other action
necessary for approval has been taken.
(See also § 51.18.)
[Order 3262–2011, 76 FR 21244, Apr. 15, 2011]
§ 51.23 Party and jurisdiction respon-
sible for making submissions.
(a) Changes affecting voting shall be
submitted by the chief legal officer or
other appropriate official of the sub-
mitting authority or by any other au-
thorized person on behalf of the sub-
mitting authority. A State, whether
partially or fully covered, has author-
ity to submit any voting change on be-
half of its covered jurisdictions and po-
litical subunits. Where a State is cov-
ered as a whole, State legislation or
other changes undertaken or required
by the State shall be submitted by the
State (except that legislation of local
applicability may be submitted by po-
litical subunits). Where a State is par-
tially covered, changes of statewide ap-
plication may be submitted by the
State. Submissions from the State,
rather than from the individual cov-
ered 	jurisdictions, 	would 	serve 	the
State’s interest in at least two impor-
tant respects: first, the State is better
able to explain to the Attorney General
the 	purpose 	and 	effect 	of 	voting
changes it enacts than are the indi-
vidual covered jurisdictions; second, a
single submission of the voting change
on behalf of all of the covered jurisdic-
tions would reduce the possibility that
some State acts will be legally enforce-
able in some parts of the State but not
in others.
(b) A change effected by a political
party (see § 51.7) may be submitted by
an appropriate official of the political
party.
(c) A change affecting voting that re-
sults from a State court order should
be submitted by the jurisdiction or en-
tity that is to implement or administer
the change (in the manner specified by
paragraphs (a) and (b) of this section).
[Order 3262–2011, 76 FR 21245, Apr. 15, 2011]
§ 51.24 Delivery of submissions.
(a) Delivery by U.S. Postal Service.
Submissions sent to the Attorney Gen-
eral by the U.S. Postal Service, includ-
ing certified mail or express mail, shall
be addressed to the Chief, Voting Sec-
tion, 	Civil 	Rights 	Division, 	United
States Department of Justice, Room
7254–NWB, 950 Pennsylvania Avenue,
NW, Washington, DC 20530.
(b) Delivery by other carriers. Submis-
sions sent to the Attorney General by
carriers other than the U.S. Postal
Service, including by hand delivery,
should be addressed or may be deliv-
ered to the Chief, Voting Section, Civil
Rights Division, United States Depart-
ment of Justice, Room 7254–NWB, 1800
G Street, NW, Washington, DC 20006.
(c) Electronic submissions. Submissions
may be delivered to the Attorney Gen-
eral through an electronic form avail-
able on the website of the Voting Sec-
tion of the Civil Rights Division at
www.justice.gov/crt/voting/. 	Detailed
instructions appear on the website. Ju-
risdictions should answer the questions
appearing on the electronic form, and
should attach documents as specified
in the instructions accompanying the
application.
(d) Telefacsimile submissions. In urgent
circumstances, submissions may be de-
livered to the Attorney General by
telefacsimile to (202) 616–9514. Submis-
sions should not be sent to any other
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90
28 CFR Ch. I (7–1–11 Edition)	§ 51.25
telefacsimile number at the Depart-
ment of Justice. Submissions that are
voluminous should not be sent by tele-
facsimile.
(e) Email. Submissions may not be de-
livered to the Attorney General by
email in the first instance. However,
after a submission is received by the
Attorney General, a jurisdiction may
supply additional information on that
submission 	by 	email 	to
vot1973c@usdoj.gov. The subject line of
the email shall be identified with the
Attorney General’s file number for the
submission (YYYY–NNNN), marked as
‘‘Additional Information,’’ and include
the name of the jurisdiction.
(f) Special marking. The first page of
the submission, and the envelope (if
any), shall be clearly marked: ‘‘Sub-
mission under Section 5 of the Voting
Rights Act.’’
(g) The most current information on
addresses for, and methods of making,
section 5 submissions is available on
the 	Voting 	Section 	website 	at
www.justice.gov/crt/voting/.
[Order 3262–2011, 76 FR 21245, Apr. 15, 2011]
§ 51.25 Withdrawal of submissions.
(a) A jurisdiction may withdraw a
submission at any time prior to a final
decision by the Attorney General. No-
tice of the withdrawal of a submission
must be made in writing addressed to
the Chief, Voting Section, Civil Rights
Division, to be delivered at the address-
es, telefacsimile number, or email ad-
dress specified in § 51.24. The submis-
sion shall be deemed withdrawn upon
the Attorney General’s receipt of the
notice.
(b) Notice of withdrawals will be
given to interested parties registered
under § 51.32.
[52 FR 490, Jan. 6, 1987, as amended by Order
1214–87, 52 FR 33409, Sept. 3, 1987; Order 3262–
2011, 76 FR 21245, Apr. 15, 2011]
Subpart C—Contents of
Submissions
§ 51.26 General.
(a) The source of any information
contained in a submission should be
identified.
(b) Where an estimate is provided in
lieu of more reliable statistics, the sub-
mission should identify the name, posi-
tion, and qualifications of the person
responsible for the estimate and should
briefly describe the basis for the esti-
mate.
(c) Submissions should be no longer
than is necessary for the presentation
of the appropriate information and ma-
terials.
(d) The Attorney General will not ac-
cept for review any submission that
fails to describe the subject change in
sufficient particularity to satisfy the
minimum requirements of § 51.27(c).
(e) A submitting authority that de-
sires the Attorney General to consider
any information supplied as part of an
earlier 	submission 	may 	incorporate
such information by reference by stat-
ing the date and subject matter of the
earlier submission and identifying the
relevant information.
(f) Where information requested by
this subpart is relevant but not known
or available, or is not applicable, the
submission should so state.
(g) The following Office of Manage-
ment and Budget control number under
the Paperwork Reduction Act applies
to the collection of information re-
quirements contained in these Proce-
dures: OMB No. 1190–0001 (expires Feb-
ruary 28, 1994). See 5 CFR 1320.13.
[52 FR 490, Jan. 6, 1987, as amended by Order
No. 1284–88, 53 FR 25327, July 6, 1988; Order
No. 1498–91, 56 FR 26032, June 6, 1991]
§ 51.27 Required contents.
Each submission should contain the
following information or documents to
enable the Attorney General to make
the required determination pursuant to
section 5 with respect to the submitted
change affecting voting:
(a) A copy of any ordinance, enact-
ment, order, or regulation embodying
the change affecting voting for which
section 5 preclearance is being re-
quested.
(b) A copy of any ordinance, enact-
ment, order, or regulation embodying
the voting standard, practice, or proce-
dure that is proposed to be repealed,
amended, or otherwise changed.
(c) A statement that identifies with
specificity each change affecting vot-
ing for which section 5 preclearance is
being requested and that explains the
difference 	between 	the 	submitted
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91
Department of Justice 	§ 51.28
change and the prior law or practice. If
the submitted change is a special ref-
erendum election and the subject of the
referendum is a proposed change affect-
ing 	voting, 	the 	submission 	should
specify whether preclearance is being
requested solely for the special elec-
tion or for both the special election
and the proposed change to be voted on
in the referendum (see §§ 51.16, 51.22).
(d) The name, title, mailing address,
and telephone number of the person
making the submission. Where avail-
able, a telefacsimile number and an
email address for the person making
the submission also should be provided.
(e) The name of the submitting au-
thority and the name of the jurisdic-
tion responsible for the change, if dif-
ferent.
(f) If the submission is not from a
State or county, the name of the coun-
ty and State in which the submitting
authority is located.
(g) Identification of the person or
body 	responsible 	for 	making 	the
change and the mode of decision (e.g.,
act of State legislature, ordinance of
city council, administrative decision
by registrar).
(h) A statement identifying the stat-
utory or other authority under which
the jurisdiction undertakes the change
and a description of the procedures the
jurisdiction was required to follow in
deciding to undertake the change.
(i) The date of adoption of the change
affecting voting.
(j) The date on which the change is to
take effect.
(k) A statement that the change has
not yet been enforced or administered,
or an explanation of why such a state-
ment cannot be made.
(l) Where the change will affect less
than the entire jurisdiction, an expla-
nation of the scope of the change.
(m) A statement of the reasons for
the change.
(n) A statement of the anticipated ef-
fect of the change on members of racial
or language minority groups.
(o) A statement identifying any past
or pending litigation concerning the
change or related voting practices.
(p) A statement that the prior prac-
tice has been precleared (with the date)
or is not subject to the preclearance re-
quirement and a statement that the
procedure 	for 	the 	adoption 	of 	the
change has been precleared (with the
date) 	or 	is 	not 	subject 	to 	the
preclearance requirement, or an expla-
nation of why such statements cannot
be made.
(q) 	For 	redistrictings 	and 	annex-
ations: the items listed under § 51.28
(a)(1) and (b)(1); for annexations only:
the items listed under § 51.28(c)(3).
(r) Other information that the Attor-
ney General determines is required for
an evaluation of the purpose or effect
of the change. Such information may
include items listed in § 51.28 and is
most likely to be needed with respect
to 	redistrictings, 	annexations, 	and
other complex changes. In the interest
of time such information should be fur-
nished with the initial submission re-
lating to voting changes of this type.
When such information is required, but
not provided, the Attorney General
shall notify the submitting authority
in the manner provided in § 51.37.
[52 FR 490, Jan. 6, 1987, as amended by Order
3262–2011, 76 FR 21245, Apr. 15, 2011]
§ 51.28 Supplemental contents.
Review by the Attorney General will
be facilitated if the following informa-
tion, where pertinent, is provided in
addition to that required by § 51.27.
(a) Demographic information. (1) Total
and voting age population of the af-
fected area before and after the change,
by race and language group. If such in-
formation is contained in publications
of the U.S. Bureau of the Census, ref-
erence to the appropriate volume and
table is sufficient.
(2) The number of registered voters
for the affected area by voting precinct
before and after the change, by race
and language group.
(3) Any estimates of population, by
race and language group, made in con-
nection 	with 	the 	adoption 	of 	the
change.
(4) Demographic data provided on
magnetic media shall be based upon
the Bureau of the Census Public Law
94–171 file unique block identity code of
state, county, tract, and block.
(5) Demographic data on electronic
media that are provided in conjunction
with a redistricting plan shall be con-
tained in an ASCII, comma delimited
block equivalency import file with two
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92
28 CFR Ch. I (7–1–11 Edition)	§ 51.28
fields as detailed in the following table.
A separate import file shall accompany
each redistricting plan:
Field
No. 	Description 	Total
length 	Comments
1 ...... PL94–171 reference number:
GEOID10.
15
2 ...... District Number ....................... 	3 No leading
zeroes.
(i) Field 1: The PL 94–171/GEOID10 ref-
erence number is the state, county,
tract, and block reference numbers
concatenated together and padded with
leading zeroes so as to create a 15-digit
character field; and
(ii) Field 2: The district number is a 3
digit character field with no padded
leading zeroes.
Example: 482979501002099,1 482979501002100,3
482979501004301,10 	482975010004305,23
482975010004302,101
(6) Demographic data on magnetic
media that are provided in conjunction
with a redistricting can be provided in
shapefile (.shp) spatial data format.
(i) The shapefile shall include at a
minimum the main file, index file, and
dBASE table.
(ii) The dBASE table shall contain a
row for each census block. Each census
block will be identified by the state,
county, 	tract 	and 	block 	identifier
[GEOID10] as specified by the Bureau of
Census. Each row shall identify the dis-
trict assignment and relevant popu-
lation for that specific row.
(iii) The shapefile should include a
projection file (.prj).
(iv) The shapefile should be sent in
NAD 83 geographic projection. If an-
other projection is used, it should be
described fully.
(b) Maps. Where any change is made
that 	revises 	the 	constituency 	that
elects any office or affects the bound-
aries of any geographic unit or units
defined or employed for voting pur-
poses (e.g., redistricting, annexation,
change from district to at-large elec-
tions) or that changes voting precinct
boundaries, polling place locations, or
voter registration sites, maps in dupli-
cate of the area to be affected, con-
taining the following information:
(1) The prior and new boundaries of
the voting unit or units.
(2) The prior and new boundaries of
voting precincts.
(3) The location of racial and lan-
guage minority groups.
(4) Any natural boundaries or geo-
graphical features that influenced the
selection of boundaries of the prior or
new units.
(5) The location of prior and new poll-
ing places.
(6) The location of prior and new
voter registration sites.
(c) Annexations. For annexations, in
addition to that information specified
elsewhere, the following information:
(1) The present and expected future
use of the annexed land (e.g., garden
apartments, industrial park).
(2) An estimate of the expected popu-
lation, by race and language group,
when anticipated development, if any,
is completed.
(3) A statement that all prior annex-
ations (and deannexations) subject to
the 	preclearance 	requirement 	have
been submitted for review, or a state-
ment that identifies all annexations
(and 	deannexations) 	subject 	to 	the
preclearance requirement that have
not been submitted for review. See
§ 51.61(b).
(4) To the extent that the jurisdic-
tion elects some or all members of its
governing body from single-member
districts, it should inform the Attorney
General how the newly annexed terri-
tory will be incorporated into the ex-
isting election districts.
(d) Election returns. Where a change
may affect the electoral influence of a
racial or language minority group, re-
turns of primary and general elections
conducted by or in the jurisdiction,
containing the following information:
(1) The name of each candidate.
(2) The race or language group of
each candidate, if known.
(3) The position sought by each can-
didate.
(4) The number of votes received by
each candidate, by voting precinct.
(5) The outcome of each contest.
(6) The number of registered voters,
by race and language group, for each
voting precinct for which election re-
turns are furnished. Information with
respect to elections held during the
last ten years will normally be suffi-
cient.
(7) Election related data containing
any of the information described above
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93
Department of Justice 	§ 51.29
that are provided on magnetic media
shall conform to the requirements of
§ 51.20 (b) through (e). Election related
data that cannot be accurately pre-
sented in terms of census blocks may
be identified by county and by pre-
cinct.
(e) Language usage. Where a change is
made affecting the use of the language
of a language minority group in the
electoral process, information that will
enable the Attorney General to deter-
mine whether the change is consistent
with the minority language require-
ments of the Act. The Attorney Gen-
eral’s interpretation of the minority
language requirements of the Act is
contained in Interpretative Guidelines:
Implementation of the Provisions of
the Voting Rights Act Regarding Lan-
guage Minority Groups, 28 CFR part 55.
(f) Publicity and participation. For
submissions involving controversial or
potentially controversial changes, evi-
dence of public notice, of the oppor-
tunity for the public to be heard, and
of the opportunity for interested par-
ties to participate in the decision to
adopt the proposed change and an ac-
count of the extent to which such par-
ticipation, 	especially 	by 	minority
group members, in fact took place. Ex-
amples 	of 	materials 	demonstrating
public notice or participation include:
(1) Copies of newspaper articles dis-
cussing the proposed change.
(2) Copies of public notices that de-
scribe the proposed change and invite
public comment or participation in
hearings 	and 	statements 	regarding
where such public notices appeared
(e.g., newspaper, radio, or television,
posted in public buildings, sent to iden-
tified individuals or groups).
(3) Minutes or accounts of public
hearings 	concerning 	the 	proposed
change.
(4) Statements, speeches, and other
public communications concerning the
proposed change.
(5) Copies of comments from the gen-
eral public.
(6) Excerpts from legislative journals
containing discussion of a submitted
enactment, or other materials reveal-
ing its legislative purpose.
(g) Availability of the submission. (1)
Copies of public notices that announce
the submission to the Attorney Gen-
eral, inform the public that a complete
duplicate copy of the submission is
available for public inspection (e.g., at
the county courthouse) and invite com-
ments for the consideration of the At-
torney General and statements regard-
ing where such public notices appeared.
(2) Information demonstrating that
the submitting authority, where a sub-
mission 	contains 	magnetic 	media,
made the magnetic media available to
be copied or, if so requested, made a
hard copy of the data contained on the
magnetic media available to be copied.
(h) Minority group contacts. For sub-
missions from jurisdictions having a
significant minority population, the
names, addresses, telephone numbers,
and organizational affiliation (if any)
of racial or language minority group
members residing in the jurisdiction
who can be expected to be familiar
with the proposed change or who have
been active in the political process.
[52 FR 490, Jan. 6, 1987, as amended by Order
No. 1536–91, 56 FR 51836, Oct. 16, 1991; Order
3262–2011, 76 FR 21245, Apr. 15, 2011]
Subpart D—Communications From
Individuals and Groups
§ 51.29 Communications 	concerning
voting changes.
Any individual or group may send to
the Attorney General information con-
cerning a change affecting voting in a
jurisdiction to which section 5 applies.
(a) Communications may be in the
form of a letter stating the name, ad-
dress, and telephone number of the in-
dividual or group, describing the al-
leged change affecting voting and set-
ting forth evidence regarding whether
the change has or does not have a dis-
criminatory purpose or effect, or sim-
ply bringing to the attention of the At-
torney General the fact that a voting
change has occurred.
(b) Comments should be sent to the
Chief, Voting Section, Civil Rights Di-
vision, at the addresses, telefacsimile
number, or email address specified in
§ 51.24. The first page and the envelope
(if any) should be marked: ‘‘Comment
under section 5 of the Voting Rights
Act.’’ Comments should include, where
available, the name of the jurisdiction
and the Attorney General’s file number
(YYYY–NNNN) in the subject line.
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94
28 CFR Ch. I (7–1–11 Edition)	§ 51.30
(c) 	Comments 	by 	individuals 	or
groups concerning any change affecting
voting may be sent at any time; how-
ever, individuals and groups are en-
couraged to comment as soon as they
learn of the change.
(d) To the extent permitted by the
Freedom of Information Act, 5 U.S.C.
552, the Attorney General shall not dis-
close to any person outside the Depart-
ment of Justice the identity of any in-
dividual or entity providing informa-
tion on a submission or the administra-
tion of section 5 where the individual
or entity has requested confidentiality;
an assurance of confidentiality may
reasonably be implied from the cir-
cumstances of the communication; dis-
closure could reasonably be expected to
constitute an unwarranted invasion of
personal privacy under 5 U.S.C. 552; or
disclosure is prohibited by any applica-
ble provisions of federal law.
(e) When an individual or group de-
sires the Attorney General to consider
information that was supplied in con-
nection with an earlier submission, it
is not necessary to resubmit the infor-
mation but merely to identify the ear-
lier submission and the relevant infor-
mation.
[52 FR 490, Jan. 6, 1987, as amended by Order
1214–87, 52 FR 33409, Sept. 3, 1987; Order 3262–
2011, 76 FR 21246, Apr. 15, 2011]
§ 51.30 Action on communications from
individuals or groups.
(a) If there has already been a sub-
mission received of the change affect-
ing voting brought to the attention of
the Attorney General by an individual
or group, any evidence from the indi-
vidual or group shall be considered
along with the materials submitted
and materials resulting from any in-
vestigation.
(b) If such a submission has not been
received, the Attorney General shall
advise the appropriate jurisdiction of
the requirement of section 5 with re-
spect to the change in question.
§ 51.31 Communications 	concerning
voting suits.
Individuals and groups are urged to
notify the Chief, Voting Section, Civil
Rights 	Division, 	of 	litigation 	con-
cerning voting in jurisdictions subject
to the requirement of section 5.
§ 51.32 Establishment 	and 	mainte-
nance of registry of interested indi-
viduals and groups.
The Attorney General shall establish
and maintain a Registry of Interested
Individuals and Groups, which shall
contain the name and address of any
individual or group that wishes to re-
ceive notice of section 5 submissions.
Information relating to this registry
and to the requirements of the Privacy
Act of 1974, 5 U.S.C. 552a et seq., is con-
tained in JUSTICE/CRT–004. 48 FR 5334
(Feb. 4, 1983).
Subpart E—Processing of
Submissions
§ 51.33 Notice 	to 	registrants 	con-
cerning submissions.
Weekly notice of submissions that
have been received will be given to the
individuals and groups who have reg-
istered for this purpose under § 51.32.
Such notice will also be given when
section 5 declaratory judgment actions
are filed or decided.
§ 51.34 Expedited consideration.
(a) When a submitting authority is
required under State law or local ordi-
nance or otherwise finds it necessary
to implement a change within the 60-
day period following submission, it
may request that the submission be
given expedited consideration. The sub-
mission should explain why such con-
sideration is needed and provide the
date by which a determination is re-
quired.
(b) Jurisdictions should endeavor to
plan for changes in advance so that ex-
pedited consideration will not be re-
quired and should not routinely re-
quest such consideration. When a sub-
mitting authority demonstrates good
cause for expedited consideration the
Attorney General will attempt to make
a decision by the date requested. How-
ever, 	the 	Attorney 	General 	cannot
guarantee that such consideration can
be given.
(c) Notice of the request for expe-
dited consideration will be given to in-
terested parties registered under § 51.32.
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95
Department of Justice 	§ 51.37
§ 51.35 Disposition 	of 	inappropriate
submissions and resubmissions.
(a) When the Attorney General deter-
mines that a response on the merits of
a submitted change is inappropriate,
the Attorney General shall notify the
submitting official in writing within
the 60-day period that would have com-
menced for a determination on the
merits and shall include an explanation
of the reason why a response is not ap-
propriate.
(b) Matters that are not appropriate
for a merits response include:
(1) Changes that do not affect voting
(see § 51.13);
(2) Standards, practices, or proce-
dures that have not been changed (see
§§ 51.4, 51.14);
(3) Changes that previously have re-
ceived preclearance;
(4) Changes that affect voting but are
not subject to the requirement of sec-
tion 5 (see § 51.18);
(5) Changes that have been super-
seded or for which a determination is
premature (see §§ 51.22, 51.61(b));
(6) Submissions by jurisdictions not
subject to the preclearance require-
ment (see §§ 51.4, 51.5);
(7) Submissions by an inappropriate
or unauthorized party or jurisdiction
(see § 51.23); and
(8) 	Deficient 	submissions 	(see
§ 51.26(d)).
(c) Following such a notification by
the Attorney General, a change shall
be deemed resubmitted for section 5 re-
view upon the Attorney General’s re-
ceipt of a submission or other written
information that renders the change
appropriate for review on the merits
(such as a notification from the sub-
mitting authority that a change pre-
viously determined to be premature
has been formally adopted). Notice of
the resubmission of a change affecting
voting will be given to interested par-
ties registered under § 51.32.
[Order 3262–2011, 76 FR 21246, Apr. 15, 2011]
§ 51.36 Release 	of 	information 	con-
cerning submissions.
The Attorney General shall have the
discretion to call to the attention of
the submitting authority or any inter-
ested individual or group information
or comments related to a submission.
§ 51.37 Obtaining information from the
submitting authority.
(a) Oral requests for information. (1) If
a submission does not satisfy the re-
quirements of § 51.27, the Attorney Gen-
eral may request orally any omitted
information necessary for the evalua-
tion of the submission. An oral request
may be made at any time within the
60-day period, and the submitting au-
thority should provide the requested
information as promptly as possible.
The oral request for information shall
not suspend the running of the 60-day
period, and the Attorney General will
proceed to make a determination with-
in the initial 60-day period. The Attor-
ney General reserves the right as set
forth in § 51.39, however, to commence a
new 60-day period in which to make the
requisite determination if the written
information provided in response to
such request materially supplements
the submission.
(2) An oral request for information
shall not limit the authority of the At-
torney General to make a written re-
quest for information.
(3) The Attorney General will notify
the submitting authority in writing
when the 60-day period for a submis-
sion is recalculated from the Attorney
General’s receipt of written informa-
tion provided in response to an oral re-
quest as described in § 51.37(a)(1), above.
(4) Notice of the Attorney General’s
receipt of written information pursu-
ant to an oral request will be given to
interested 	parties 	registered 	under
§ 51.32.
(b) Written requests for information. (1)
If the Attorney General determines
that a submission does not satisfy the
requirements of § 51.27, the Attorney
General may request in writing from
the submitting authority any omitted
information necessary for evaluation of
the submission. Branch v. Smith, 538
U.S. 254 (2003); Georgia v. United States,
411 U.S. 526 (1973). This written request
shall be made as promptly as possible
within the original 60-day period or the
new 60-day period described in § 51.39(a).
The written request shall advise the ju-
risdiction that the submitted change
remains unenforceable unless and until
preclearance is obtained.
(2) A copy of the request shall be sent
to any party who has commented on
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96
28 CFR Ch. I (7–1–11 Edition)	§ 51.38
the submission or has requested notice
of the Attorney General’s action there-
on.
(3) The Attorney General shall notify
the submitting authority that a new
60-day period in which the Attorney
General may interpose an objection
shall commence upon the Attorney
General’s receipt of a response from
the submitting authority that provides
the information requested or states
that the information is unavailable.
The Attorney General can request fur-
ther information in writing within the
new 60-day period, but such a further
request shall not suspend the running
of the 60-day period, nor shall the At-
torney General’s receipt of such fur-
ther information begin a new 60-day pe-
riod.
(4) Where the response from the sub-
mitting authority neither provides the
information requested nor states that
such information is unavailable, the re-
sponse shall not commence a new 60-
day period. It is the practice of the At-
torney General to notify the submit-
ting authority that its response is in-
complete and to provide such notifica-
tion as soon as possible within the 60-
day period that would have commenced
had the response been complete. Where
the response includes a portion of the
available 	information 	that 	was 	re-
quested, the Attorney General will re-
evaluate the submission to ascertain
whether a determination on the merits
may be made based upon the informa-
tion provided. If a merits determina-
tion is appropriate, it is the practice of
the Attorney General to make that de-
termination within the new 60-day pe-
riod that would have commenced had
the response been complete. See § 51.40.
(5) If, after a request for further in-
formation is made pursuant to this sec-
tion, the information requested by the
Attorney General becomes available to
the Attorney General from a source
other than the submitting authority,
the Attorney General shall promptly
notify the submitting authority in
writing, and the new 60-day period will
commence the day after the informa-
tion is received by the Attorney Gen-
eral.
(6) Notice of the written request for
further information and the receipt of
a response by the Attorney General
will be given to interested parties reg-
istered under § 51.32.
[Order 3262–2011, 76 FR 21246, Apr. 15, 2011]
§ 51.38 Obtaining 	information 	from
others.
(a) The Attorney General may at any
time 	request 	relevant 	information
from governmental jurisdictions and
from interested groups and individuals
and may conduct any investigation or
other inquiry that is deemed appro-
priate in making a determination.
(b) If a submission does not contain
evidence of adequate notice to the pub-
lic, and the Attorney General believes
that such notice is essential to a deter-
mination, steps will be taken by the
Attorney General to provide public no-
tice sufficient to invite interested or
affected persons to provide evidence as
to the presence or absence of a dis-
criminatory purpose or effect. The sub-
mitting 	authority 	shall 	be 	advised
when any such steps are taken.
§ 51.39 Supplemental information and
related submissions.
(a)(1) Supplemental information. When
a submitting authority, at its own in-
stance, 	provides 	information 	during
the 60-day period that the Attorney
General determines materially supple-
ments a pending submission, the 60-day
period for the pending submission will
be recalculated from the Attorney Gen-
eral’s receipt of the supplemental in-
formation.
(2) Related submissions. When the At-
torney General receives related sub-
missions during the 60-day period for a
submission that cannot be independ-
ently considered, the 60-day period for
the first submission shall be recal-
culated from the Attorney General’s
receipt of the last related submission.
(b) The Attorney General will notify
the submitting authority in writing
when the 60-day period for a submis-
sion is recalculated due to the Attor-
ney General’s receipt of supplemental
information or a related submission.
(c) Notice of the Attorney General’s
receipt of supplemental information or
a related submission will be given to
interested 	parties 	registered 	under
§ 51.32.
[Order 3262–2011, 76 FR 21247, Apr. 15, 2011]
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97
Department of Justice 	§ 51.45
§ 51.40 Failure 	to 	complete 	submis-
sions.
If after 60 days the submitting au-
thority has not provided further infor-
mation in response to a request made
pursuant to § 51.37(b), the Attorney
General, 	absent 	extenuating 	cir-
cumstances and consistent with the
burden of proof under section 5 de-
scribed in § 51.52(a) and (c), may object
to the change, giving notice as speci-
fied in § 51.44.
[Order 3262–2011, 76 FR 21247, Apr. 15, 2011]
§ 51.41 Notification of decision not to
object.
(a) The Attorney General shall with-
in the 60-day period allowed notify the
submitting authority of a decision to
interpose no objection to a submitted
change affecting voting.
(b) The notification shall state that
the failure of the Attorney General to
object does not bar subsequent litiga-
tion to enjoin the enforcement of the
change.
(c) A copy of the notification shall be
sent to any party who has commented
on the submission or has requested no-
tice of the Attorney General’s action
thereon.
§ 51.42 Failure of the Attorney General
to respond.
It is the practice and intention of the
Attorney General to respond in writing
to each submission within the 60-day
period. However, the failure of the At-
torney General to make a written re-
sponse within the 60-day period con-
stitutes preclearance of the submitted
change, provided that a 60-day review
period had commenced after receipt by
the Attorney General of a complete
submission that is appropriate for a re-
sponse on the merits. (See § 51.22, § 51.27,
§ 51.35.)
[Order 3262–2011, 76 FR 21247, Apr. 15, 2011]
§ 51.43 Reexamination of decision not
to object.
(a) After notification to the submit-
ting authority of a decision not to
interpose an objection to a submitted
change affecting voting has been given,
the Attorney General may reexamine
the submission if, prior to the expira-
tion of the 60-day period, information
comes to the attention of the Attorney
General that would otherwise require
objection in accordance with section 5.
(b) In such circumstances, the Attor-
ney General may by letter withdraw
his decision not to interpose an objec-
tion and may by letter interpose an ob-
jection 	provisionally, 	in 	accordance
with § 51.44, and advise the submitting
authority 	that 	examination 	of 	the
change in light of the newly raised
issues will continue and that a final de-
cision will be rendered as soon as pos-
sible.
[Order 3262–2011, 76 FR 21247, Apr. 15, 2011]
§ 51.44 Notification of decision to ob-
ject.
(a) The Attorney General shall with-
in the 60-day period allowed notify the
submitting authority of a decision to
interpose an objection. The reasons for
the decision shall be stated.
(b) The submitting authority shall be
advised that the Attorney General will
reconsider an objection upon a request
by the submitting authority.
(c) The submitting authority shall be
advised further that notwithstanding
the objection it may institute an ac-
tion in the U.S. District Court for the
District of Columbia for a declaratory
judgment that the change objected to
by the Attorney General neither has
the purpose nor will have the effect of
denying or abridging the right to vote
on account of race, color, or member-
ship in a language minority group.
(d) A copy of the notification shall be
sent to any party who has commented
on the submission or has requested no-
tice of the Attorney General’s action
thereon.
(e) Notice of the decision to interpose
an objection will be given to interested
parties registered under § 51.32.
[52 FR 490, Jan. 6, 1987, as amended by Order
3262–2011, 76 FR 21247, Apr. 15, 2011]
§ 51.45 Request for reconsideration.
(a) The submitting authority may at
any time request the Attorney General
to reconsider an objection.
(b) Requests may be in letter or any
other written form and should contain
relevant information or legal argu-
ment.
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98
28 CFR Ch. I (7–1–11 Edition)	§ 51.46
(c) Notice of the request will be given
to any party who commented on the
submission or requested notice of the
Attorney General’s action thereon and
to interested parties registered under
§ 51.32. In appropriate cases the Attor-
ney General may request the submit-
ting authority to give local public no-
tice of the request.
§ 51.46 Reconsideration of objection at
the instance of the Attorney Gen-
eral.
(a) Where there appears to have been
a substantial change in operative fact
or relevant law, or where it appears
there may have been a misinterpreta-
tion of fact or mistake in the law, an
objection may be reconsidered, if it is
deemed appropriate, at the instance of
the Attorney General.
(b) Notice of such a decision to recon-
sider shall be given to the submitting
authority, to any party who com-
mented on the submission or requested
notice of the Attorney General’s action
thereon, and to interested parties reg-
istered under § 51.32, and the Attorney
General shall decide whether to with-
draw or to continue the objection only
after such persons have had a reason-
able opportunity to comment.
[52 FR 490, Jan. 6, 1987, as amended by Order
3262–2011, 76 FR 21247, Apr. 15, 2011]
§ 51.47 Conference.
(a) A submitting authority that has
requested reconsideration of an objec-
tion pursuant to § 51.45 may request a
conference to produce information or
legal argument in support of reconsid-
eration.
(b) Such a conference shall be held at
a location determined by the Attorney
General and shall be conducted in an
informal manner.
(c) When a submitting authority re-
quests such a conference, individuals or
groups that commented on the change
prior to the Attorney General’s objec-
tion or that seek to participate in re-
sponse to any notice of a request for re-
consideration shall be notified and
given the opportunity to confer.
(d) The Attorney General shall have
the discretion to hold separate meet-
ings to confer with the submitting au-
thority and other interested groups or
individuals.
(e) Such conferences will be open to
the public or to the press only at the
discretion of the Attorney General and
with the agreement of the partici-
pating parties.
§ 51.48 Decision after reconsideration.
(a) It is the practice of the Attorney
General to notify the submitting au-
thority of the decision to continue or
withdraw an objection within a 60-day
period following receipt of a reconsid-
eration request or following notice
given under § 51.46(b), except that this
60-day period shall be recommenced
upon receipt of any documents or writ-
ten information from the submitting
authority that materially supplements
the reconsideration review, irrespec-
tive of whether the submitting author-
ity provides the documents or informa-
tion at its own instance or pursuant to
a request (written or oral) by the At-
torney General. The 60-day reconsider-
ation period may be extended to allow
a 15-day decision period following a
conference held pursuant to § 51.47. The
60-day reconsideration period shall be
computed in the manner specified in
§ 51.9. Where the reconsideration is at
the instance of the Attorney General,
the first day of the period shall be the
day 	after 	the 	notice 	required 	by
§ 51.46(b) is transmitted to the submit-
ting authority. The reasons for the re-
consideration decision shall be stated.
(b) The objection shall be withdrawn
if the Attorney General is satisfied
that the change neither has the pur-
pose nor will have the effect of denying
or abridging the right to vote on ac-
count of race, color, or membership in
a language minority group.
(c) If the objection is not withdrawn,
the submitting authority shall be ad-
vised that notwithstanding the objec-
tion it may institute an action in the
U.S. District Court for the District of
Columbia for a declaratory judgment
that the change objected to by the At-
torney General neither has the purpose
nor will have the effect of denying or
abridging the right to vote on account
of race, color, or membership in a lan-
guage minority group.
(d) An objection remains in effect
until either it is specifically withdrawn
by the Attorney General or a declara-
tory judgment with respect to the
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99
Department of Justice 	§ 51.52
change in question is entered by the
U.S. District Court for the District of
Columbia.
(e) A copy of the notification shall be
sent to any party who has commented
on the submission or reconsideration
or has requested notice of the Attorney
General’s action thereon.
(f) Notice of the decision after recon-
sideration will be given to interested
parties registered under § 51.32.
[52 FR 490, Jan. 6, 1987, as amended by Order
3262–2011, 76 FR 21248, Apr. 15, 2011]
§ 51.49 Absence of judicial review.
The decision of the Attorney General
not to object to a submitted change or
to withdraw an objection is not review-
able. The preclearance by the Attorney
General of a voting change does not
constitute the certification that the
voting change satisfies any other re-
quirement of the law beyond that of
section 5, and, as stated in section 5,
‘‘(n)either an affirmative indication by
the Attorney General that no objection
will be made, nor the Attorney Gen-
eral’s failure to object, nor a declara-
tory judgment entered under this sec-
tion shall bar a subsequent action to
enjoin enforcement of such qualifica-
tion, prerequisite, standard, practice,
or procedure.’’
§ 51.50 Records 	concerning 	submis-
sions.
(a) Section 5 files. The Attorney Gen-
eral shall maintain a section 5 file for
each submission, containing the sub-
mission, related written materials, cor-
respondence, memoranda, investigative
reports, data provided on electronic
media, 	notations 	concerning 	con-
ferences with the submitting authority
or any interested individual or group,
and copies of letters from the Attorney
General concerning the submission.
(b) Objection letters. The Attorney
General shall maintain section 5 notifi-
cation letters regarding decisions to
interpose, continue, or withdraw an ob-
jection.
(c) Computer file. Records of all sub-
missions and their dispositions by the
Attorney General shall be electroni-
cally stored.
(d) Copies. The contents of the sec-
tion 5 submission files in paper, micro-
fiche, electronic, or other form shall be
available for obtaining copies by the
public, pursuant to written request di-
rected to the Chief, Voting Section,
Civil Rights Division, United States
Department of Justice, Washington,
DC. Such written request may be deliv-
ered to the addresses or telefacsimile
number specified in § 51.24 or by elec-
tronic mail to Voting.Section@usdoj.gov.
It is the Attorney General’s intent and
practice to expedite, to the extent pos-
sible, requests pertaining to pending
submissions. Those who desire copies of
information that has been provided on
electronic media will be provided a
copy of that information in the same
form as it was received. Materials that
are exempt from inspection under the
Freedom of Information Act, 5 U.S.C.
552(b), may be withheld at the discre-
tion of the Attorney General. The iden-
tity of any individual or entity that
provided information to the Attorney
General regarding the administration
of section 5 shall be available only as
provided by § 51.29(d). Applicable fees, if
any, for the copying of the contents of
these files are contained in the Depart-
ment of Justice regulations imple-
menting the Freedom of Information
Act, 28 CFR 16.10.
[Order 3262–2011, 76 FR 21248, Apr. 15, 2011]
Subpart F—Determinations by the
Attorney General
§ 51.51 Purpose of the subpart.
The purpose of this subpart is to in-
form submitting authorities and other
interested parties of the factors that
the Attorney General considers rel-
evant and of the standards by which
the Attorney General will be guided in
making 	substantive 	determinations
under section 5 and in defending sec-
tion 5 declaratory judgment actions.
§ 51.52 Basic standard.
(a) Surrogate for the court. Section 5
provides for submission of a voting
change to the Attorney General as an
alternative to the seeking of a declara-
tory judgment from the U.S. District
Court for the District of Columbia.
Therefore, the Attorney General shall
make the same determination that
would be made by the court in an ac-
tion for a declaratory judgment under
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100
28 CFR Ch. I (7–1–11 Edition)	§ 51.53
section 	5: 	whether 	the 	submitted
change neither has the purpose nor will
have the effect of denying or abridging
the right to vote on account of race,
color, or membership in a language mi-
nority group. The burden of proof is on
a submitting authority when it sub-
mits a change to the Attorney General
for preclearance, as it would be if the
proposed change were the subject of a
declaratory judgment action in the
U.S. District Court for the District of
Columbia. South Carolina v. Katzen-
bach, 383 U.S. 301, 328, 335 (1966).
(b) No objection. If the Attorney Gen-
eral determines that the submitted
change neither has the purpose nor will
have the effect of denying or abridging
the right to vote on account of race,
color, or membership in a language mi-
nority group, no objection shall be
interposed to the change.
(c) Objection. An objection shall be
interposed to a submitted change if the
Attorney General is unable to deter-
mine that the change neither has the
purpose nor will have the effect of de-
nying or abridging the right to vote on
account of race, color, or membership
in a language minority group. This in-
cludes those situations where the evi-
dence as to the purpose or effect of the
change is conflicting and the Attorney
General is unable to determine that
the change is free of both the prohib-
ited discriminatory purpose and effect.
[Order 3262–2011, 76 FR 21248, Apr. 15, 2011]
§ 51.53 Information considered.
The Attorney General shall base a
determination on a review of material
presented by the submitting authority,
relevant information provided by indi-
viduals or groups, and the results of
any investigation conducted by the De-
partment of Justice.
§ 51.54 Discriminatory purpose and ef-
fect.
(a) Discriminatory purpose. A change
affecting voting is considered to have a
discriminatory purpose under section 5
if it is enacted or sought to be adminis-
tered with any purpose of denying or
abridging the right to vote on account
of race, color, or membership in a lan-
guage minority group. The term ‘‘pur-
pose’’ in section 5 includes any dis-
criminatory purpose. 42 U.S.C. 1973c.
The Attorney General’s evaluation of
discriminatory purpose under section 5
is guided by the analysis in Village of
Arlington Heights v. Metropolitan Hous-
ing Development Corp., 429 U.S. 252
(1977).
(b) Discriminatory effect. A change af-
fecting voting is considered to have a
discriminatory effect under section 5 if
it will lead to a retrogression in the po-
sition of members of a racial or lan-
guage minority group (i.e., will make
members of such a group worse off than
they had been before the change) with
respect to their effective exercise of
the electoral franchise. Beer v. United
States, 425 U.S. 130, 140–42 (1976).
(c) Benchmark. (1) In determining
whether a submitted change is retro-
gressive the Attorney General will nor-
mally compare the submitted change
to the voting standard, practice, or
procedure in force or effect at the time
of 	the 	submission. 	If 	the 	existing
standard, practice, or procedure upon
submission was not in effect on the ju-
risdiction’s applicable date for cov-
erage (specified in the appendix) and is
not otherwise legally enforceable under
section 5, it cannot serve as a bench-
mark, and, except as provided in para-
graph (c)(4) of this section, the com-
parison shall be with the last legally
enforceable standard, practice, or pro-
cedure used by the jurisdiction.
(2) The Attorney General will make
the comparison based on the conditions
existing at the time of the submission.
(3) The implementation and use of an
unprecleared voting change subject to
section 5 review does not operate to
make 	that 	unprecleared 	change 	a
benchmark for any subsequent change
submitted by the jurisdiction.
(4) Where at the time of submission
of a change for section 5 review there
exists no other lawful standard, prac-
tice, or procedure for use as a bench-
mark (e.g., where a newly incorporated
college district selects a method of
election) the Attorney General’s deter-
mination will necessarily center on
whether the submitted change was de-
signed or adopted for the purpose of
discriminating against members of ra-
cial or language minority groups.
(d) Protection of the ability to elect.
Any change affecting voting that has
the purpose of or will have the effect of
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101
Department of Justice 	§ 51.58
diminishing the ability of any citizens
of the United States on account of
race, color, or membership in a lan-
guage minority group to elect their
preferred candidates of choice denies or
abridges the right to vote within the
meaning of section 5. 42 U.S.C. 1973c.
[Order 3262–2011, 76 FR 21248, Apr. 15, 2011]
§ 51.55 Consistency with constitutional
and statutory requirements.
(a) Consideration in general. In mak-
ing a determination under section 5,
the Attorney General will consider
whether the change neither has the
purpose nor will have the effect of de-
nying or abridging the right to vote on
account of race, color, or membership
in a language minority group in light
of, and with particular attention being
given to, the requirements of the 14th,
15th, and 24th Amendments to the Con-
stitution, 42 U.S.C. 1971(a) and (b), sec-
tions 2, 4(a), 4(f)(2), 4(f)(4), 201, 203(c),
and 208 of the Act, and other constitu-
tional and statutory provisions de-
signed to safeguard the right to vote
from denial or abridgment on account
of race, color, or membership in a lan-
guage minority group.
(b) Section 2. Preclearance under sec-
tion 5 of a voting change will not pre-
clude any legal action under section 2
by the Attorney General if implemen-
tation of the change demonstrates that
such action is appropriate.
[52 FR 490, Jan. 6, 1987, as amended at 63 FR
24109, May 1, 1998; Order 3262–2011, 76 FR
21249, Apr. 15, 2011]
§ 51.56 Guidance from the courts.
In making determinations the Attor-
ney General will be guided by the rel-
evant decisions of the Supreme Court
of the United States and of other Fed-
eral courts.
§ 51.57 Relevant factors.
Among the factors the Attorney Gen-
eral will consider in making deter-
minations with respect to the sub-
mitted changes affecting voting are the
following:
(a) The extent to which a reasonable
and legitimate justification for the
change exists;
(b) The extent to which the jurisdic-
tion followed objective guidelines and
fair and conventional procedures in
adopting the change;
(c) The extent to which the jurisdic-
tion afforded members of racial and
language minority groups an oppor-
tunity to participate in the decision to
make the change;
(d) The extent to which the jurisdic-
tion took the concerns of members of
racial and language minority groups
into account in making the change;
and
(e) The factors set forth in Village of
Arlington Heights v. Metropolitan Hous-
ing Development Corp., 429 U.S. 252
(1977):
(1) Whether the impact of the official
action bears more heavily on one race
than another;
(2) The historical background of the
decision;
(3) The specific sequence of events
leading up to the decision;
(4) 	Whether 	there 	are 	departures
from the normal procedural sequence;
(5) Whether there are substantive de-
partures from the normal factors con-
sidered; and
(6) The legislative or administrative
history, 	including 	contemporaneous
statements made by the decision mak-
ers.
[Order 3262–2011, 76 FR 21249, Apr. 15, 2011]
§ 51.58 Representation.
(a) Introduction. This section and the
sections that follow set forth factors—
in addition to those set forth above—
that the Attorney General considers in
reviewing redistrictings (see § 51.59),
changes 	in 	electoral 	systems 	(see
§ 51.60), and annexations (see § 51.61).
(b) Background factors. In making de-
terminations with respect to these
changes involving voting practices and
procedures, the Attorney General will
consider as important background in-
formation the following factors:
(1) The extent to which minorities
have been denied an equal opportunity
to participate meaningfully in the po-
litical process in the jurisdiction.
(2) The extent to which voting in the
jurisdiction is racially polarized and
election-related activities are racially
segregated.
(3) The extent to which the voter reg-
istration and election participation of
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102
28 CFR Ch. I (7–1–11 Edition)	§ 51.59
minority voters have been adversely af-
fected by present or past discrimina-
tion.
[52 FR 490, Jan. 6, 1987, as amended by Order
3262–2011, 76 FR 21249, Apr. 15, 2011]
§ 51.59 Redistricting plans.
(a) Relevant factors. In determining
whether a submitted redistricting plan
has a prohibited purpose or effect the
Attorney General, in addition to the
factors described above, will consider
the following factors (among others):
(1) 	The 	extent 	to 	which
malapportioned 	districts 	deny 	or
abridge the right to vote of minority
citizens;
(2) The extent to which minority vot-
ing strength is reduced by the proposed
redistricting;
(3) The extent to which minority con-
centrations are fragmented among dif-
ferent districts;
(4) The extent to which minorities
are over concentrated in one or more
districts;
(5) The extent to which available al-
ternative plans satisfying the jurisdic-
tion’s legitimate governmental inter-
ests were considered;
(6) The extent to which the plan de-
parts from objective redistricting cri-
teria set by the submitting jurisdic-
tion, ignores other relevant factors
such as compactness and contiguity, or
displays 	a 	configuration 	that
inexplicably disregards available nat-
ural or artificial boundaries; and
(7) The extent to which the plan is in-
consistent with the jurisdiction’s stat-
ed redistricting standards.
(b) Discriminatory purpose. A jurisdic-
tion’s failure to adopt the maximum
possible number of majority-minority
districts may not be the sole basis for
determining that a jurisdiction was
motivated by a discriminatory purpose.
[Order 3262–2011, 76 FR 21249, Apr. 15, 2011]
§ 51.60 Changes in electoral systems.
In making determinations with re-
spect to changes in electoral systems
(e.g., changes to or from the use of at-
large elections, changes in the size of
elected bodies) the Attorney General,
in addition to the factors described
above, will consider the following fac-
tors (among others):
(a) The extent to which minority vot-
ing strength is reduced by the proposed
change.
(b) The extent to which minority
concentrations 	are 	submerged 	into
larger electoral units.
(c) The extent to which available al-
ternative systems satisfying the juris-
diction’s legitimate governmental in-
terests were considered.
§ 51.61 Annexations.
(a) 	Coverage. 	Annexations 	and
deannexations, 	even 	of 	uninhabited
land, 	are 	subject 	to 	section 	5
preclearance to the extent that they
alter or are calculated to alter the
composition of a jurisdiction’s elec-
torate. See, e.g., City of Pleasant Grove
v. United States, 479 U.S. 462 (1987). In
analyzing 	annexations 	and
deannexations under section 5, the At-
torney General considers the purpose
and 	effect 	of 	the 	annexations 	and
deannexations only as they pertain to
voting.
(b) Section 5 review. It is the practice
of the Attorney General to review all
of a jurisdiction’s unprecleared annex-
ations and deannexations together. See
City of Pleasant Grove v. United States,
C.A. No. 80–2589 (D.D.C. Oct. 7, 1981).
(c) Relevant factors. In making deter-
minations with respect to annexations,
the Attorney General, in addition to
the factors described above, will con-
sider the following factors (among oth-
ers):
(1) The extent to which a jurisdic-
tion’s annexations reflect the purpose
or have the effect of excluding minori-
ties while including other similarly sit-
uated persons.
(2) The extent to which the annex-
ations reduce a jurisdiction’s minority
population percentage, either at the
time of the submission or, in view of
the intended use, for the reasonably
foreseeable future.
(3) Whether the electoral system to
be used in the jurisdiction fails fairly
to reflect minority voting strength as
it exists in the post-annexation juris-
diction. See City of Richmond v. United
States, 422 U.S. 358, 367–72 (1975).
[52 FR 490, Jan. 6, 1987; 52 FR 2648, Jan. 23,
1987, as amended by Order 3262–2011, 76 FR
21249, Apr. 15, 2011]
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103
Department of Justice 	Pt. 51, App.
Subpart G—Sanctions
§ 51.62 Enforcement by the Attorney
General.
(a) The Attorney General is author-
ized to bring civil actions for appro-
priate relief against violations of the
Act’s provisions, including section 5.
See section 12(d).
(b) Certain violations of section 5
may be subject to criminal sanctions.
See section 12(a) and (c).
§ 51.63 Enforcement by private parties.
Private parties have standing to en-
force section 5.
§ 51.64 Bar to termination of coverage
(bailout).
(a) Section 4(a) of the Act sets out
the requirements for the termination
of coverage (bailout) under section 5.
See § 51.5. Among the requirements for
bailout is compliance with section 5, as
described in section 4(a), during the ten
years preceding the filing of the bail-
out action and during its pendency.
(b) In defending bailout actions, the
Attorney General will not consider as a
bar to bailout under section 4(a)(1)(E) a
section 5 objection to a submitted vot-
ing standard, practice, or procedure if
the objection was subsequently with-
drawn on the basis of a determination
by the Attorney General that it had
originally been interposed as a result
of the Attorney General’s misinter-
pretation of fact or mistake in the law,
or if the unmodified voting standard,
practice, or procedure that was the
subject of the objection received sec-
tion 5 preclearance by means of a de-
claratory judgment from the U.S. Dis-
trict Court for the District of Colum-
bia.
(c) Notice will be given to interested
parties registered under § 51.32 when
bailout actions are filed or decided.
Subpart H—Petition To Change
Procedures
§ 51.65 Who may petition.
Any jurisdiction or interested indi-
vidual or group may petition to have
these procedural guidelines amended.
§ 51.66 Form of petition.
A petition under this subpart may be
made by informal letter and shall state
the name, address, and telephone num-
ber of the petitioner, the change re-
quested, 	and 	the 	reasons 	for 	the
change.
§ 51.67 Disposition of petition.
The Attorney General shall promptly
consider and dispose of a petition under
this subpart and give notice of the dis-
position, 	accompanied 	by 	a 	simple
statement of the reasons, to the peti-
tioner.
APPENDIX TO PART 51—JURISDICTIONS COVERED UNDER SECTION 4(b) OF THE VOTING
R IGHTS ACT, AS AMENDED
The requirements of section 5 of the Voting Rights Act, as amended, apply in the following
jurisdictions. The applicable date is the date that was used to determine coverage and the
date after which changes affecting voting are subject to the preclearance requirement. Some
jurisdictions, for example, Yuba County, California, are included more than once because
they have been determined on more than one occasion to be covered under section 4(b).
Jurisdiction 	Applicable date Federal Register citation
Volume and page 	Date
Alabama .............................................................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Alaska ................................................................. Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975.
Arizona ................................................................ Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
California:
Kings County ........................................ Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
Merced County ..................................... Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
Monterey County .................................. Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Yuba County ........................................ Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Yuba County ........................................ Nov. 1, 1972 ................ 41 FR 784 ................... Jan. 5, 1976.
Florida:
Collier County ....................................... Nov. 1, 1972 ................ 41 FR 34329 ............... Aug. 13, 1976.
Hardee County ..................................... Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
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104
28 CFR Ch. I (7–1–11 Edition)	Pt. 51, App.
Jurisdiction 	Applicable date Federal Register citation
Volume and page 	Date
Hendry County ..................................... Nov. 1, 1972 ................ 41 FR 34329 ............... Aug. 13, 1976.
Hillsborough County ............................. Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
Monroe County ..................................... Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
Georgia ............................................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Louisiana ............................................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Michigan:
Allegan County:
Clyde Township ..................... Nov. 1, 1972 ................ 41 FR 34329 ............... Aug. 13, 1976.
Saginaw County:
Buena Vista Township ........... Nov. 1, 1972 ................ 41 FR 34329 ............... Aug. 13, 1976.
Mississippi .......................................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
New Hampshire:
Cheshire County:
Rindge Town .......................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
Coos County:
Millsfield Township ................. Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
Pinkhams Grant ..................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974
Stewartstown Town ............... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
Stratford Town ....................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
Grafton County:
Benton Town .......................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
Hillsborough County:
Antrim Town ........................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
Merrimack County:
Boscawen Town .................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
Rockingham County:
Newington Town .................... Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
Sullivan County:
Unity Town ............................. Nov. 1, 1968 ................ 39 FR 16912 ............... May 10, 1974.
New York:
Bronx County ....................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Bronx County ....................................... Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
Kings County ........................................ Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Kings County ........................................ Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
New York County ................................. Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
North Carolina:
Anson County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Beaufort County ................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
Bertie County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Bladen County ...................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
Camden County ................................... Nov. 1, 1964 ................ 31 FR 3317 ................. Mar. 2, 1966.
Caswell County .................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Chowan County .................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Cleveland County ................................. Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
Craven County ..................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Cumberland County ............................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Edgecombe County .............................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Franklin County .................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Gaston County ..................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
Gates County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Granville County ................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Greene County ..................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Guilford County .................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
Halifax County ...................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Harnett County ..................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
Hertford County .................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Hoke County ........................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Jackson County .................................... Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975.
Lee County ........................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
Lenoir County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Martin County ....................................... Nov. 1, 1964 ................ 31 FR 19 ..................... Jan. 4, 1966.
Nash County ........................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Northampton County ............................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Onslow County ..................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Pasquotank County .............................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Perquimans County .............................. Nov. 1, 1964 ................ 31 FR 3317 ................. Mar. 2, 1966.
Person County ..................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Pitt County ............................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Robeson County .................................. Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Rockingham County ............................. Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
Scotland County ................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Union County ....................................... Nov. 1, 1964 ................ 31 FR 5081 ................. Mar. 29, 1966.
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105
Department of Justice 	§ 52.01
Jurisdiction 	Applicable date Federal Register citation
Volume and page 	Date
Vance County ....................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Washington County .............................. Nov. 1, 1964 ................ 31 FR 19 ..................... Jan. 4, 1966.
Wayne County ...................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
Wilson County ...................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
South Carolina .................................................... Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
South Dakota:
Shannon County .................................. Nov. 1, 1972 ................ 41 FR 784 ................... Jan. 5, 1976.
Todd County ......................................... Nov. 1, 1972 ................ 41 FR 784 ................... Jan. 5, 1976.
Texas .................................................................. Nov. 1, 1972 ................ 40 FR 43746 ............... Sept. 23, 1975.
Virginia ................................................................ Nov. 1, 1964 ................ 30 FR 9897 ................. Aug. 7, 1965.
The following political subdivisions in States subject to statewide coverage are also cov-
ered individually:
Jurisdiction 	Applicable date Federal Register citation
Volume and page 	Date
Arizona:
Apache County ..................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Apache County ..................................... Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975.
Cochise County .................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971
Coconino County .................................. Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Coconino County .................................. Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975.
Mohave County .................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Navajo County ...................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Navajo County ...................................... Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975.
Pima County ......................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Pinal County ......................................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Pinal County ......................................... Nov. 1, 1972 ................ 40 FR 49422 ............... Oct. 22, 1975.
Santa Cruz County ............................... Nov. 1, 1968 ................ 36 FR 5809 ................. Mar. 27, 1971.
Yuma County ....................................... Nov. 1, 1964. ............... 31 FR 982 ................... Jan. 25, 1966.
The Voting Section maintains a current list of those jurisdictions that have maintained
successful declaratory judgments from the United States District Court for the District of
Columbia pursuant to section 4 of the Act on its Web site at http://www.justice.gov/crt/voting.
[Order 3262–2011, 76 FR 21250, Apr. 15, 2011]
PART 52—PROCEEDINGS BEFORE
U.S. MAGISTRATE JUDGES
Sec.
52.01 Civil proceedings: Special master, pre-
trial, trial, appeal.
52.02 Criminal proceedings: Pretrial, trial.
§ 52.01 Civil proceedings: Special mas-
ter, pretrial, trial, appeal.
(a) Sections 636 (b) and (c) of title 28
of the United States Code govern pre-
trial and case-dispositive civil jurisdic-
tion of magistrate judges, as well as
service by magistrate judges as special
masters.
(b) It is the policy of the Department
of Justice to encourage the use of mag-
istrate judges, as set forth in this para-
graph, to assist the district courts in
resolving civil disputes. In conformity
with this policy, the attorney for the
government is encouraged to accede to
a referral of an entire civil action for
disposition by a magistrate judge, or to
consent to designation of a magistrate
judge as special master, if the attor-
ney, with the concurrence of his or her
supervisor, determines that such a re-
ferral or designation is in the interest
of the United States. In making this
determination, the attorney shall con-
sider all relevant factors, including—
(1) The complexity of the matter, in-
cluding 	involvement 	of 	significant
rights of large numbers of persons;
(2) The relief sought;
(3) The amount in controversy;
(4) The novelty, importance, and na-
ture of the issues raised;
(5) The likelihood that referral to or
designation of the magistrate judge
will expedite resolution of the litiga-
tion;
(6) The experience and qualifications
of the magistrate judge; and
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